[Added 1-18-2023 by Ord. No. O-23-05]
[Added 1-18-2023 by Ord. No. O-23-05]
a.
There shall be a Department of Planning, Zoning and Development,
the head of which shall be the Director of the Department of Planning,
Zoning and Development. He shall be appointed pursuant to the Charter
and receive such compensation as shall be provided by ordinance. The
Department shall consist of the following Divisions:
b.
The Director of Planning, Zoning and Development shall, prior to
appointment, be qualified by education, training and experience in
the process of the development of housing, commercial and industrial
improvements within large urban areas.
c.
The Director, through the Divisions and otherwise, shall direct and
supervise the functions necessary to assist and encourage the timely
and proper improvement to real property within the City. These functions
shall include at a minimum the acquisition of real property; the development
of maps and standards governing the development of the City; the management,
maintenance and operation of property owned by the City but not needed
for public use; the upkeep and improvement of the City's infrastructure,
including the water and sewer systems; and the disposition of such
property by sale or lease and the operation and administration of
such incentive programs as may be established by the City to assist
and encourage the development of property.
[Added 1-18-2023 by Ord. No. O-23-05]
Within the Department of Planning, Zoning and Development there
shall be a Division of Planning, the head of which shall be the City
Planner or Assistant Planner. Under the direction and supervision
of the City Planner or Assistant Planner, the Division shall:
a.
Have authority to perform all of the functions and duties of the Division of Planning as required by Chapter 33 of the Revised General Ordinances of the City of Bayonne and all other related planning functions.
b.
Supervise the administration of the planning and implementation of
such community services, housing preservation and conservation and
such other services and projects as may be funded by any source. The
Division shall also supervise the administration of Planning process,
regulations and enforcement thereof.
[Added 1-18-2023 by Ord. No. O-23-05]
Within the Department of Planning, Zoning and Development there
shall be a Division of Zoning, the head of which shall be the City
Zoning Officer. Under the direction and supervision of the City Zoning
Officer, the Division shall:
[Added 1-18-2023 by Ord. No. O-23-05]
a.
Within the Department of Planning, Zoning and Development there shall
be a Division of Development and Housing. The Division of Development
and Housing shall focus on development, tax abatements, and housing
stock.
b.
Under the supervision of the Director, the development functions
are:
1.
Be responsible for the preparation, formulation and implementation
of an overall economic development plan for the City.
2.
Coordinate all program activities concerning the economic development
of the City.
3.
Formulate plans for attracting new business and industry into the
City so that jobs are made available to alleviate or prevent conditions
of unemployment, underemployment and economic dislocation.
4.
Develop and administer all programs established by the City to encourage
the utilization, construction, reconstruction or rehabilitation of
commercial and industrial property.
5.
Involve public officials and private citizens in analyzing local
economics, defining development goals, determining project opportunities
and formulating and implementing development programs.
6.
Provide such other assistance as is proper and necessary to permit
and encourage the development of real property for commercial and
industrial purposes in a manner which is consistent with general law
and local ordinance.
7.
Administer and direct urban conservation, rehabilitation and renewal
activities of the City.
8.
Exercise the powers of the City as an authorized local public agency
for purposes of any federal urban renewal or redevelopment program,
provided that no project shall be undertaken except upon the approval
of the Council, and nothing in this section shall be construed to
authorize any expenditure except pursuant to an appropriation made
by the Council.
9.
With the approval of the Director and the Business Administrator,
appoint or contract with technical and professional advisers and assistance
as may be required and approved for any federally or state aided planning,
renewal, development or redevelopment project, provided that nothing
herein shall be construed to authorize the making of any contract
in excess of $2,500 without the approval of Council.
10.
Make recommendations, in conjunction with the Law Director and the
Business Administrator, to standardize certain redevelopment agreement
terminology and provisions and to propose any needed changes in State
legislation.
11.
Coordinate and liaison, as needed, with the Mayor, the Municipal
Council, the Law Director and all City departments, in the redevelopment
process.
c.
Under the supervision of the Director, the tax abatement functions
are:
1.
Maintain in one place and ensure the security of all of the records,
papers and submissions that pertain to all tax abatement and exemption
financial agreements.
2.
Monitor and ensure compliance with the terms of all tax abatement
and exemption financial agreements following approval by the Municipal
Council.
3.
Along with the Finance Department, ensure the timely submission and
payment of quarterly service charge bills with applicable arrearages
and interest and insure full compliance with the terms and conditions
contained within the City's tax abatement and exemption financial
agreements by conducting periodic audits.
4.
Make recommendations, in conjunction with the Law Director and the
Business Administrator, to standardize certain financial agreement
terminology and provisions and to propose any needed changes in State
legislation.
5.
Coordinate and liaison, as needed, with the Mayor, the Municipal
Council, the Law Director and all City departments, in the tax abatement
and exemption process.
6.
Act as a liaison with the Business Administrator and the City Council
to review and analyze the financial ramifications of each tax abatement
and exemption financial agreement.
7.
Assist in the preparation of the capital budget.
d.
Under the supervision of the Director, the housing stock preservation
functions are:
[Added 1-18-2023 by Ord. No. O-23-05]
a.
Purpose. The purpose of this subsection is to create the administrative
mechanisms needed for the execution of the City of Bayonne's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
b.
ADMINISTRATIVE AGENT
MHL/RCA ADMINISTRATOR
Definitions.
As used in this subsection, the following terms shall have the
meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the City of Bayonne to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
The employee charged by the Governing Body with the responsibility
for oversight and administration of the affordable housing program
for the City of Bayonne and any RCA it enters into.
c.
Establishment of MHL/RCA Administrator Position and Compensation;
Powers and Duties.
1.
Establishment of Position of MHL/RCA Administrator. There is hereby
established the position of MHL/RCA Administrator for City of Bayonne.
2.
Subject to the approval of the Council on Affordable Housing (COAH),
the MHL/RCA Administrator shall be appointed by the Governing Body
and may be a full or part time municipal employee. The City Planner
may be the MHL/RCA Administrator.
3.
The MHL/RCA Administrator shall be responsible for oversight and
administration of the municipality's affordable housing program
and the administration of any RCA entered into by the City of Bayonne,
including the following responsibilities which may not be contracted
out:
(a)
Serving as the City of Bayonne's primary point of contact
for all inquiries, from the State, affordable housing providers, Administrative
Agents, and interested households;
(b)
Establishing an escrow account for the RCA funds and submitting
to COAH a signed escrow agreement between the City of Bayonne, the
bank and COAH for each RCA;
(c)
Monitoring the status of all restricted units in the City of
Bayonne's Fair Share Plan and any Project Plan for an RCA;
(d)
Compiling, verifying and submitting semi-annual reports as required
by COAH;
(e)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable;
(f)
Attending continuing education opportunities as offered or approved
by COAH;
(g)
If applicable, serving as the Administrative Agent for some
or all of the restricted units in the City of Bayonne as described
in paragraph f below and any RCA's entered into by the City of
Bayonne.
d.
Subject to approval by COAH, the City of Bayonne may contract with
or authorize a consultant, authority, government or any agency charged
by the Governing Body, which entity shall have the responsibility
of administering the affordable housing program of the City of Bayonne,
except for those responsibilities which may not be contracted out
pursuant to paragraph c above. If the City of Bayonne contracts with
another entity to administer all or any part of the affordable housing
program, including the affordability controls and Affirmative Marketing
Plan, the MHL/RCA Administrator shall supervise the contracting Administrative
Agent.
e.
Compensation shall be fixed by the Governing Body at the time of
the appointment of the MHL/RCA Administrator.
f.
Administrative Powers and Duties Assigned to the MHL/RCA Administrator.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the City of Bayonne and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
2.
Household Certification.
(a)
Providing written notification to each applicant as to the determination
of eligibility or ineligibility;
(b)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in appendices
J and K of N.J.A.C. 5.80-26.1 et seq.;
(c)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(d)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the City of Bayonne when referring households for
certification to affordable units.
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the City of Bayonne when referring households for
certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County's register of deeds or County clerk's office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rental.
5.
Processing request from unit owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other
appropriate municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Added 1-18-2023 by Ord. No. O-23-05]
a.
Within the Department of Planning, Zoning and Development there shall
be a Division of Real Property and Infrastructure. Under the supervision
of the Director, the Division shall manage and oversee all real property
and infrastructure owned, leased, and controlled by the City of Bayonne.
The Division of Real Property and Infrastructure shall focus on the
acquisition, maintenance, and disposition of all real property and
infrastructure.
b.
Under the supervision of the Director, there shall be a Long Term
Control Plan and Resiliency Coordinator, who, in conjunction with
the Director of Municipal Services, shall be responsible for the creation
and implementation of the Long Term Control Plan and the recommendations
of the Resilient New Jersey program.
1.
Purpose. The purpose of this subsection is to create the administrative
mechanisms needed for the execution of the City of Bayonne's
responsibility to assist in creation and implementation of the Long
Term Control Plan pursuant to the United States Clean Water Act and
United States Environmental Protection Agency's Combined Sewer
Overflows Control Policy, issued on April 11, 1994.
2.
Establishment of the Long Term Control Plan and Resiliency Coordinator
Position; Powers and Duties.
(a)
Establishment of position of the long term control plan and
resiliency coordinator. There is hereby established the position of
Long Term Control Plan and Resiliency Coordinator for City of Bayonne.
(b)
The Long Term Control Plan and Resiliency Coordinator shall
be responsible for the development, oversight and administration of
the City's compliance with the Federal and State laws concerning
the Combined Sewer Overflows Controls. The Long Term Control Plan
and Resiliency Coordinator shall also be responsible for addressing
flooding prevention and addressing climate change.
3.
Goals of the Long Term Control Plan. The National Combined Sewer
Overflow Policy identifies the following essential elements of a Long
Term Control Plan:
(a)
Characterization, monitoring, and modeling activities as the
basis for selection and design of effective Combined Sewer Overflow
controls.
(b)
A public participation process that actively involves the affected
public in the decision-making to select long-term Combined Sewer Overflow
controls.
(c)
Consideration of sensitive areas as the highest priority for
controlling overflows.
(d)
Evaluation of alternatives that will enable the permittee, in
consultation with the National Pollution Discharge Elimination System
permitting authority, Water Quality Standards authority, and the public,
to select Combined Sewer Overflow controls that will meet Clean Water
Act requirements.
(e)
Cost/performance considerations to demonstrate the relationships
among a comprehensive set of reasonable control alternatives.
(f)
Operational plan revisions to include agreed-upon long-term
Combined Sewer Overflow controls.
(g)
Maximization of treatment at the existing Publicly Owned Treatment
Works treatment plant for wet weather flows.
(h)
An implementation schedule for Combined Sewer Overflow controls.
(i)
A post-construction compliance monitoring program adequate to
verify compliance with water quality-based Clean Water Act requirements
and ascertain the effectiveness of Combined Sewer Overflow controls.
(j)
Provide clear levels of control that would be presumed to meet
appropriate health and environmental objectives.
(k)
Provide sufficient flexibility to municipalities, especially
those that are financially disadvantaged, to consider the site-specific
nature of Combined Sewer Overflows and to determine the most cost-effective
means of reducing pollutants and meeting Clean Water Act objectives
and requirements.
(l)
Allow a phased approach for implementation of Combined Sewer
Overflow controls considering a community's financial capability.
(m)
Review and revise, as appropriate, water quality standards, and their
implementation procedures when developing long-term Combined Sewer
Overflow control plans to reflect the site-specific wet weather impacts
of Combined Sewer Overflows.
4.
Goals of the Resilient New Jersey. Resilient New Jersey is a program
administered by the New Jersey Department of Environmental Protection
and funded by the U.S. Department of Housing and Urban Development
that brings together resilience experts, local leaders, community
organizations, residents, and regional infrastructure entities to
develop solutions to reduce flood risk and build resilience.
